List of the planning applications and indication of size and scale: EIR release

Information requested

• A list of the planning applications called in by Scottish Ministers in the last 18 years
• Any indications of the size and scale of the application called in and the outcome
• That data is provided in Excel format

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

I enclose a copy of most of the information you requested in the format you asked for. Attached is a list of called in planning application from 2012 to the date of this request. We cannot report on information covering the full 18 years, because cases prior to 2012 will have been in paper file format and as part of data management procedures are routinely destroyed. Our casework management system does not record specific information regarding size and scale. However, each case listed includes a link to the planning information available online.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception under regulation 10(4)(a) information not held. (Annex A)

As the exception is conditional we have applied the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in this information, we do not hold all the information requested and authorities are not required to create new information in order to respond to a request.

Annex A
Regulation 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) allows public authorities to refuse to make environmental information available if they don't hold the information when the request is received. 10(4)(a) of the EIRs (information not held),has been applied, the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have some the information you have requested because our case management system does hold case data spanning all of 18 years.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

EIR 202500470115 - Information Released - Annex

File type

Excel document

File size

16.6 kB